Kerala High Court
Thomas.K.C vs Chengottukavu Grama Panchayat on 19 September, 2016
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 19TH DAY OF SEPTEMBER 2016/28TH BHADRA, 19382016
WP(C).No. 34040 of 2010 (D)
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PETITIONER(S):
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THOMAS.K.C., S/O.CHACKO.K.O.,
AGED 48 YEARS, KARUKAMALIL HOUSE,
KARAPARAMBA, P.O.VENGERI,
KOZHIKODE TALUK AND DISTRICT,
KOZHIKODE-673 010.
BY ADVS.SRI.SHYAM PADMAN
SMT.M.LISHA
SRI.A.RANJITH NARAYANAN
SRI.S.K.SAJU
RESPONDENT(S):
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1. CHENGOTTUKAVU GRAMA PANCHAYAT,
EDAKKULAM.P.O., KOYILANDY TALUK,
KOZHIKODE DISTRICT, PIN-673 306,
REP.BY ITS SECRETARY.
2. THE SECRETARY,
CHENGOTTUKAVU GRAMA PANCHAYAT,
EDAKKULAM.P.O., KOYILANDY TALUK,
KOZHIKODE DISTRICT, PIN-673 306.
R1& R2 BY ADVS. SRI.P.J.MATHEW
SRI.THOMAS JOHN AMBOOKEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19-09-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
bp
WP(C).No. 34040 of 2010 (D)
APPENDIX
PETITIONER'S EXHIBITS :
P1: COPY OF THE APPLICATION FOR LICENSE DT 18/10/2009
SUBMITTED BY THE PETITIONER ALONG WITH
ACKNOWLEDGMENT.
P2: COPY OF THE JUDGMENT DT 16/9/2010 IN WPC
NO.22042/2010.
P3: COPY OF THE ORDER DT 22/6/2010 PASSED BY THE
OMBUDSMAN FOR LSGI.
P4: COPY OF THE ORDER DT 15/7/2010 OF R1 COMMUNICATED
THROUGH THE R2.
P5: COPY OF THE APPEAL NO. 636/2010 DT 21/7/2010 FILED
BY THE PETITIONER BEFORE THE TRIBUNAL FOR LOCAL SELF
GOVERNMENT INSTITUTIONS.
P6: COPY OF THE COUNTER STATEMENT DT 16/8/2010 FILED BY
THE R1 IN APPEAL NO. 636/2010.
P7: COPY OF THE ORDER DT 8/9/2010 IN APPEAL NO 636/2010
PASSED BY THE TRIBUNAL.
RESPONDENT'S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp
P.V.ASHA J.
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W.P.(C) No.34040 of 2010
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Dated this the 19th day of September, 2016
J U D G M E N T
Petitioner has filed this writ petition challenging the order of the Tribunal for Local Self Government Institutions (LSGTI), rejecting the appeal filed by the petitioner seeing that the order impugned was one passed by the Secretary of the Grama Panchayath, against which an appeal is provided under Section 276(1) of the Kerala Panchayath Raj Act and therefore appeal does not lie before the LSGTI.
2. Petitioner had approached the LSGTI challenging Ext.P4 order. According to the petitioner even though the order Ext.P4 was signed by the Secretary it was the decision of the Panchayath which was communicated by the Secretary by Ext.P4 and the LSGTI seriously erred in passing Ext.P7 order rejecting his appeal without looking into the files.
3. However, it is now pointed out that subsequent to the order passed by the LSGTI, there have been subsequent developments on account of the issuance of the Kerala Panchayath Building Rules, 2011 and the Coastal Regulation Zone Notification, 2011. The Secretary of the Grama Panchayath will have to look into the application with reference to those provisions.
4. After hearing the learned counsel appearing for the W.P.(C) No.34040 of 2010 2 petitioner and the learned counsel appearing for the Panchayath, it is seen that in view of the subsequent developments it is only appropriate that the Secretary of the Grama Panchayath considers the application of the petitioner afresh. However, since Ext.P1 application was for the year 2009-2010 and the petitioner had been continuing his business on the basis of the interim order passed by this Court, the petitioner will be free to submit a fresh application for licence for the year 2016-2017 and Secretary of the Grama Panchayath shall consider the same with reference to the provisions contained in the 2011 Act and CRZ Notification untrammeled by the earlier orders of the Panchayath as well as that of LSGTI. In case petitioner submits a fresh application along with the copy of the judgment the Secretary of the Grama Panchayath shall consider the same in accordance with law and pass orders within a period of 'three weeks' from the date of receipt of copy of the judgment. Till orders are passed the interim order passed by this Court will continue in force.
The writ petition is disposed of accordingly.
Sd/-
P.V.ASHA, JUDGE.
AS